HomeMy WebLinkAboutORD 1173ORDINANCE NO. 1173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL
CODE, TO ADOPT THE 2007 EDITIONS OF THE CALIFORNIA CODES
AND RELATED MODEL CODES WITH SELECTED APPENDICES AND
AMENDMENTS THERETO AND MODIFY SECTION 8.70.010 AND
8.70.040 RELATING TO PROPERTY MAINTENANCE
WHEREAS, The Department of Building and Safety recommends that changes and
modifications be made to the Codes and are advising that certain changes and
modifications to the 2007 Editions of the California Building, Plumbing, Mechanical,
Electrical, Fire and Existing Building Codes are reasonably necessary due to local
conditions in the City of Palm Desert. Extreme temperatures, high winds, and the city's
physical relationship to known active earthquake faults are some of the local conditions
necessitating the modifications to the adopted codes. Other modifications are of an
administrative or procedural nature and concern themselves with subjects that are not
covered by the Codes, or are reasonably necessary to safeguard life and property within
the City of Palm Desert.
FINDINGS, The City Council finds that the requirements set forth in this title are
reasonable and necessary modifications because of climatic and geological conditions
within the City of Palm Desert.
The "Findings of Need" contained herein address each of these conditions and present the
local situations which cause the established amendments to be adopted.
A. The community experiences frequent low humidity, summer temperatures
exceeding 1000 Fahrenheit, and severe Santa Ana winds reaching gusts of 90
miles per hour. Adverse climatic conditions increase the likelihood of fire. Minor
fires can rapidly spread because of the climate and vegetation.
B. The community periodically experiences drought and a resultant limited water
supply. The limited rainfall and storage capacities, and continued consumption
demands require sound management of water resources and conservation where
possible. There is a need for changes and modifications in the California Building,
which will contribute to water conservation and water for suppression of large fires.
C. The community is located in an area of continuing seismic activity. Existing and
planned development is at risk from damage and fire because of this activity.
NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows:
Section 1. Titles 15, 17, 18, 19, 20, 21, 22 and Title 16, Section 1602 of the City of Palm
Desert Municipal Code are hereby repealed in their entirety.
Section 2. That Title 15, Building and Construction, is hereby added to the Code of the
City of Palm Desert to read as follows:
ORDINANCE NO. 1173
TITLE 15
BUILDINGS AND CONSTRUCTION
Chapters:
15.01
Administration
15.02
Building Code
15.03
Electrical Code
15.04
Mechanical Code
15.05
Plumbing Code
15.06
Vacant
15.07
Vacant
15.08
Housing Code
15.09
Fire Code
15.10
Existing Building Code
15.11
Vacant
15.15
Address Numbering
15.20
Construction Site Security
15.25
Moved Buildings and Temporary Structures
15.40
Safety Assessment Placards
CHAPTER 15.01
ADMINISTRATION
Sections:
15.01.010 Adoption of Appendix Chapter 1 of the California Building Code
15.01.020 Amendments to Appendix Chapter 1 of the California Building Code
15.01.010 Adoption of Appendix Chapter 1 of the California Building Code.
Except as provided in this chapter, the certain building code known and designated as the
2007 California Building Code (CBC) Appendix Chapter 1, as developed by the State of
California, based on the 2006 International Building Code as published by the International
Code Council, shall become the administrative provisions of the City of Palm Desert for
regulating the construction, erection, enlargement, alteration, repair, moving, removal,
demolition, conversion, occupancy, equipment, use and occupancy and maintenance of all
buildings and/or structures in the City. The 2007 California Building Code and its adopted
appendices and amendments will be on file for public examination in the offices of the
Building Official.
15.01.020 Amendments to Appendix Chapter 1 of the California Building Code.
A. Section 105.2 Work exempt from permit.
Building:
2. Fences not over 2 feet (610 mm) high.
4. Retaining walls that are not over 2 feet (610 mm) in height measured from the
top of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
Page 2 of 2
ORDINANCE NO. 1173
B. Section105.2 Work exempt from permit.
Electrical:
1. Listed cord and plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles, but not the outlets therefore.
3. Repair or replacement of branch circuit overcurrent devices, listed for the
use, of the required capacity in the same location.
4. Installation or maintenance of communications wiring, devices, appliances,
apparatus or equipment.
5. Installation or replacement of equipment such as lamps and of electrical
utilization equipment approved for connection to suitable permanently
installed receptacles, Replacement of flush or snap switches, fuses, lamp
sockets, and receptacles, and other minor maintenance and repair work,
such as replacing worn cords and tightening connections on a wiring device.
6. The process of manufacturing, testing, servicing, or repairing electrical
equipment or apparatus.
C. Section 105.2 Work exempt from permit.
Grading:
See Appendix J, Section J103.2 Exemptions. For work exempt from grading
permits.
D. Section 112 Board of Appeals.
112.1 General. For all occupancies not provided for under the authority provided in
the California Building Code (CBC) Section 108.8, an appeals board shall be
created, and the appeals board shall be applicable for all buildings and structures
within the City of Palm Desert.
112.2 Definition.
The following terms shall, for the purpose of this section, have the meaning shown.
Accessible Appeals Board. The board of the city which is authorized by the
governing body of the city to hear appeals brought by any person regarding action
taken by the building department of the city in enforcement of the authority to grant
exceptions to the standards and specifications contained in California Health and
Safety Code section 19957. (Note: The establishment of this board is pursuant to
Health and Safety Code 19957.5)
ORDINANCE NO. 1173
112.3 Appeals Board Defined. The Housing Appeals Board, Accessible Appeals
Board, and the Local Appeals Board shall for the purposes of this code may be one
in the same and shall be referred to herein throughout this code as the Appeals
Board.
112.4 Qualifications. In addition to the qualifications established in CBC Section
108.8.1, at least two members shall be physically disabled, if the Appeals Board is
to hear appeals relating to accessibility issues pursuant to CBC Section 109.1.5
(Special conditions for persons with disabilities requiring appeals action ratification;
Pursuant to Health and Safety Code 19957.5)
E. Section 113.4 Violation penalties.
113.4 Violation penalties. Any person, firm or corporation violating any of the
provisions, regulations, requirements, additions, amendments and/or deletions of
this code is guilty of a misdemeanor and the penalty for such a misdemeanor shall
be as set forth in Chapter 1.12 of the Palm Desert Municipal Code.
CHAPTER 15.02
BUILDING CODE
Sections:
15.02.010 Adoption of Building Code
15.02.020 Enforcement
15.02.030 Amendments to the Building Code
15.02.010 Adoption of Building Code.
Except as provided in this chapter, those certain building codes known and designated as
the 2007 California Building Code (CBC), including Appendix Chapters 1, C, G, I, and J as
adopted by the State of California, based on the 2006 International Building Code as
published by the International Code Council, except as amended herein, shall become the
building code of the City of Palm Desert for regulating the erection, construction,
enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy,
equipment, use, height, area and maintenance of all buildings and/or structures in the City.
The 2007 California Building Code and its adopted appendices and amendments will be
on file for public examination in the offices of the building official.
15.02.020 Enforcement
[Pursuant to California Building Code, Section 111.2.1.1 Item# 1 ]
The delegated enforcement official responsible for the enforcement of the building
standards relating to fire and panic safety and other regulations of the State Fire Marshal
as they relate to Group R, Division 3 Dwellings shall be the building official.
�x
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ORDINANCE NO. 1173
15.02.030 Amendments to the California Building Code
A. Section 3402 Definitions
For the purposes of this chapter, the following definition applies and is hereby
added to Section 3402.1 Definitions of the 2007 California Building Code (CBC):
Substantial Structural Damage. A condition where:
In any story, the vertical elements of the lateral -force -resisting system, have
suffered damage such that the lateral load -carrying capacity of the structure in
any direction has been reduced by more than 20 percent from its pre -
damaged condition, or
2. The capacity of any vertical gravity load -carrying component, or any group of
such components, that supports more than 30 percent of the total area of the
structure's floor(s) and roof(s) has been reduced more than 20 percent from its
pre -damaged condition, and the remaining capacity of such affected elements
with respect to all dead and live loads is less than 75 percent of that required
by the building code for new buildings of similar structure, purpose, and
location.
B. Section 3403.5 Repairs is added:
3403.5 Repairs. Repairs of structural elements shall comply with this section.
3403.5.1 Seismic evaluation and design. Seismic evaluation and design of an existing
building and its components shall be based on the following criteria.
3403.5.1.1 Evaluation and design procedures. The seismic evaluation and design
shall be based on the procedures specified in the building code, ASCE 31 Seismic
Evaluation of Existing Buildings (for evaluation only) or ASCE 41 Seismic
Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the
International Existing Building Code shall be permitted to be used as specified in
Section 3403.5.1.1.3.
3403.5.1.2 CBC level seismic forces. When seismic forces are required to meet the
building code level, they shall be one of the following:
1. 100 percent of the values in the building code. The R factor used for analysis in
accordance with Chapter 16 of the building code shall be the R factor specified
for structural systems classified as "Ordinary" unless it can be demonstrated that
the structural system satisfies the proportioning and detailing requirements for
systems classified as "Intermediate" or "Special".
ORDINANCE NO. 1173
2. Forces corresponding to-BSE-1 and BSE-2 Earthquake Hazard Levels defined in
ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall
be those shown in Table 3403.5.1.2.
TABLE 3403.5.1.2
ASCE 41 and ASCE 31 PERFORMANCE LEVELS
OCCUPANCY
PERFORMANCE LEVEL
PERFORMANCE LEVEL
CATEGORY
FOR USE WITH ASCE 31
FOR
(BASED ON IBC
AND WITH ASCE 41
USE WITH ASCE 41 BSE-2
TABLE 1604.5)
BSE-1 EARTHQUAKE
EARTHQUAKE HAZARD
HAZARD LEVEL
LEVEL
I
Life Safety (LS)
Collapse Prevention (CP)
II
Life Safety (LS)
Collapse Prevention (CP)
III
Note (a)
Note (a)
IV
Immediate Occupancy (10)
Life Safety (LS)
a. Performance Levels for Occupancy Category III shall be taken as halfway
between the performance levels specified for Occupancy Category II and
Occupancy Category IV.
3403.5.1.3 Reduced CBC level seismic forces. When seismic forces are permitted to
meet reduced building code levels, they shall be one of the following:
1. 75 percent of the forces prescribed in the building code. The R factor used for
analysis in accordance with Chapter 16 of the building code shall be the R factor
as specified in Section 3403.5.1.1.2.
2. In accordance with the applicable chapters in Appendix A of the International
Existing Building Code as specified in Items 2.1 through 2.5 below. Structures or
portions of structures that comply with the requirements of the applicable chapter
in Appendix A shall be deemed to comply with the requirements for reduced
building code force levels.
2.1. The seismic evaluation and design of unreinforced masonry bearing wall
buildings in Occupancy Category I or II are permitted to be based on the
procedures specified in Appendix Chapter Al.
2.2. Seismic evaluation and design of the wall anchorage system in reinforced
concrete and reinforced masonry wall buildings with flexible diaphragms in
Occupancy Category I or II are permitted to be based on the procedures
specified in Appendix Chapter A2.
2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in
residential buildings of light -frame wood construction in Occupancy Category
I or II are permitted to be based on the procedures specified in Appendix
Chapter A3.
Page 6 of 28
ORDINANCE NO. 1173
2.4. Seismic evaluation and design of soft, weak, or open -front wall conditions in
multiunit residential buildings of wood construction in Occupancy Category I
or II are permitted to be based on the procedures specified in Appendix
Chapter A4.
2.5. Seismic evaluation and design of concrete buildings and concrete with
masonry infill buildings in all Occupancy Categories are permitted to be
based on the procedures specified in Appendix Chapter A5.
3. In accordance with ASCE 31 based on the applicable performance level as shown
in Table 3403.5.1.1.2.
4. Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41
and the performance level as shown in Table 3403.5.1.1.2. Where ASCE 41 is
used, the design spectral response acceleration parameters SXS and SX, shall not
be taken less than 75 percent of the respective design spectral response
acceleration parameters SDs and Spy defined by the International Building Code
and its reference standards.
3403.5.1.4 Wind Design. Wind design of existing buildings shall be based on the
procedures specified in the building code.
3403.5.2 Repairs to damaged buildings. Repairs to damaged buildings shall comply
with this section.
3403.5.2.1 Unsafe conditions. Regardless of the extent of structural damage, unsafe
conditions shall be eliminated.
3403.5.2.2 Substantial structural damage to vertical elements of the lateral —force -
resisting system. A building that has sustained substantial structural damage to the
vertical elements of its lateral -force -resisting system shall be evaluated and repaired in
accordance with the applicable provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3.
3403.5.2.2.1 Evaluation. The building shall be evaluated by a registered design
professional, and the evaluation findings shall be submitted to the code official. The
evaluation shall establish whether the damaged building, if repaired to its pre -damage
state, would comply with the provisions of the building code. Wind forces for this
evaluation shall be those prescribed in the building code. Seismic forces for this
evaluation are permitted to be the reduced level seismic forces specified in Code
Section 3403.5.1.1.3.
3403.5.2.2.2 Extent of repair for compliant buildings. If the evaluation establishes
compliance of the pre -damage building in accordance with Section 3403.5.2.2.1, then
repairs shall be permitted that restore the building to its pre -damage state, using
materials and strengths that existed prior to the damage.
3403.5.2.2.3 Extent of repair for non -compliant buildings. If the evaluation does not
establish compliance of the pre -damage building in accordance with Section
of
ORDINANCE NO. 1173
3403.5.2.2.1, then the building shall be rehabilitated to comply with applicable
provisions of the building code for load combinations including wind or seismic forces.
The wind design level for the repair shall be as required by the building code in effect at
the time of original construction unless the damage was caused by wind, in which case
the design level shall be as required by the code in effect at the time of original
construction or as required by the building code, whichever is greater. Seismic forces
for this rehabilitation design shall be those required for the design of the predamaged
building, but not less than the reduced level seismic forces specified in Section
3403.5.1.1.3. New structural members and connections required by this rehabilitation
design shall comply with the detailing provisions of the building code for new buildings
of similar structure, purpose, and location.
3403.5.2.3 Substantial structural damage to vertical load -carrying components.
Vertical load -carrying components that have sustained substantial structural damage
shall be rehabilitated to comply with the applicable provisions for dead and live loads in
the building code. Undamaged vertical load -carrying components that receive dead or
live loads from rehabilitated components shall also be rehabilitated to carry the design
loads of the rehabilitation design. New structural members and connections required by
this rehabilitation design shall comply with the detailing provisions of the building code
for new buildings of similar structure, purpose, and location.
3403.5.2.3.1 Lateral force -resisting elements. Regardless of the level of damage to
vertical elements of the lateral force -resisting system, if substantial structural damage to
vertical load -carrying components was caused primarily by wind or seismic effects, then
the building shall be evaluated in accordance with Section 3403.5.2.2.1 and, if non-
compliant, rehabilitated in accordance with Section 3403.5.2.2.3.
3403.5.2.4 Less than substantial structural damage. For damage less than
substantial structural damage, repairs shall be allowed that restore the building to its
pre -damage state, using materials and strengths that existed prior to the damage. New
structural members and connections used for this repair shall comply with the detailing
provisions of the building code for new buildings of similar structure, purpose, and
location.
"'ache 8 of 2
ORDINANCE NO. 1173
3403.5.3 Referenced Standards
Standard
Referenced
Reference
In Code
Number
Title Section Number
ASCE 31-03
Seismic Evaluation of Existing Buildings 3403.5.1.1.1,
TABLE 3403.5.1.1.2,
3403.5.1.1.3
ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3403.5.1.1.1,
3403.5.1.1.2,
TABLE 3403.5.1.1.2,
3403.5.1.1.3
C. Amendments to APPENDIX CHAPTER G, FLOOD -RESISTANT
CONSTRUCTION
G101.5 Administration and Enforcement. For the purpose of the administration and
enforcement of this Appendix Chapter, Flood -Resistant Construction, the Building
Official shall mean the City Director of Public Works or their designated representative.
D. Amendments to APPENDIX CHAPTER J, GRADING
1. Section J101.3
J101.3 Administration and Enforcement. For the purpose of the administration and
enforcement of this Appendix Chapter, Grading, the Building Official shall mean the City
Director of Public Works or their designated representative.
2. Section J104.3 Exception
Exception:
1. A soils report is not required for single-family
dwellings less than 10,000 square feet located in existing recorded
subdivision lots.
2. A soils report is not required where the building
official determines that the nature of the work applied for is such that a report
is not necessary.
3.
J109.5 Drainage Devices.
Section J109.5 Drainage devices.
J109.5.1 Minimum gradients. Except on slopes, drainage devices shall be constructed
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ORDINANCE NO. 1173
with minimum gradients as follows: Poured in place cement concrete construction —
0.5%; Shotcrete concrete construction — 0.5%; Asphaltic concrete pavement — 1.0%;
Soils swales — 0.5%; Pipes — 0.4%.
J109.5.2 Slopes. Drainage devices constructed on slopes shall have a minimum
gradient of five percent (5.0%). Such drainage devices shall be constructed of shotcrete
or poured in place concrete with suitable reinforcement. Closed piping, unpaved swales
and Asphaltic concrete drainage structures shall not be used for slope drainage.
J109.5.3 Erosion prevention. Drainage devices shall be constructed to convey
drainage to an established private or public watercourse, channel, storm drain or public
street, and shall be designed to prevent erosion.
J109.5.4 Device design. Drainage devices conveying water to the public streets shall
drain over driveway approaches, through curb drains, through sidewalk culverts, or
through non -concentrated sheet flow over the curb as designated by the City Engineer.
CHAPTER 15.03
ELECTRICAL CODE
15.03.010 Adoption of the Electrical Code
Except as provided in this chapter, the 2007 California Electrical Code, including Annex
Chapters A, B, C, D, E, F, and G as adopted by the State of California, based on the 2005
National Electrical Code as published by the National Fire Protection Association (NFPA),
shall become the Electrical Code of the City of Palm Desert, regulating all installation,
arrangement, alteration, repair, use and other operation of electrical wiring, connections,
fixtures and other electrical appliances on premises within the City. The California
Electrical Code is on file for public examination in the office of the Building Official.
15.03.020 Amendments to the California Electrical Code
The 2007 Edition of the California Electrical Code is hereby adopted with no
amendments.
CHAPTER 15.04
MECHANICAL CODE
15.04.010 Adoption of the Mechanical Code
Except as provided in this chapter, the 2007 California Mechanical Code, including
Appendix Chapters 1, A, B, C, and D as adopted by the State of California, based on the
2006 Uniform Mechanical Code as published by the International Association of
Plumbing and Mechanical Officials (IAPMO), shall be and become the Mechanical Code
of the City of Palm Desert, regulating and controlling the design, construction,
installation, quality of materials, location, operation and maintenance of heating,
ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat
o' '....
ORDINANCE NO. 1173
producing appliances. The California Mechanical Code is on file for public examination
in the office of the Building Official.
The 2007 Edition of the California Mechanical Code is hereby adopted with no
amendments.
CHAPTER 15.05
PLUMBING CODE
15.05.010 Adoption of the Plumbing Code
Except as provided in this chapter, the 2007 California Plumbing Code, including
Appendix Chapters 1, A, B, D, G, I and K as adopted by the State of California, based on
the 2006 Uniform Plumbing Code as published by the International Association of
Plumbing and Mechanical Officials (IAPMO), shall be and become the Plumbing Code
of the City of Palm Desert, regulating erection, installation, alteration, repair, relocation,
replacement, maintenance or use of plumbing systems within the City. The California
Plumbing Code will be on file for public examination in the office of the Building Official.
The 2007 Edition of the California Plumbing Code is hereby adopted with no
amendments.
CHAPTER 15.08
HOUSING CODE
Sections:
15.08.010 Adoption of the Uniform Housing Code
15.09.020 Amendments
15.08.010 Adoption of the Uniform Housing Code
Except as provided in this chapter, known and designated as the 1997 Uniform Housing
Code (UHC) continues as the adopted reference in the State Housing Law, Title 25,
CCR, Division 1, Chapter 1, subchapter 1, section 32 for the enforcement of use,
maintenance and occupancy requirements by local code enforcement agencies.
15.08.020 Amendments
The 1997 Uniform Housing Code (UHC) with California amendments in the State
Housing Law, Title 25, CCR, Division 1, Chapter 1, subchapter 1, section 32. Only
Chapters 4, 5, 6 and sections 701.2 and 701.3 of the 1997 UHC are adopted and
applicable.
ORDINANCE NO. 1173
CHAPTER 15.09
FIRE CODE
Sections:
15.09.010 Adoption of the Fire Code
15.09.020 Enforcement
15.09.030 Amendments to the Fire Code
15.09.010 Adoption of the Fire Code
Except as provided in this chapter, the 2007 California Fire Code, including Appendix
Chapters B, C, and H, as adopted by the Office of the State Fire Marshal, and those
selected sections of Appendix Chapter 1 noted below, based on the 2006 International
Fire Code as published by the International Code Council (ICC), except as amended
herein, shall become the Fire Code of the City of Palm Desert, establishing the minimum
requirements consistent with nationally recognized good practice for providing a
reasonable level of life safety and property protection from the hazards of fire, explosion or
dangerous conditions in new and existing buildings, structures and premises and to
provide safety to firefighters and emergency responders during emergency operations
within the City. The California Fire Code is on file for public examination in the offices of
the Fire Official and Building Official.
15.09.020 Enforcement
The delegated enforcement official responsible for the enforcement of the building
standards relating to fire and panic safety and other regulations of the State Fire Marshal
as they relate to Group R, Division 3 Dwellings shall be the Building Official.
15.09.030 Amendments to the Fire Code
A. Appendix Chapter 1, Sections 105 and 106 are adopted in their entirety.
B. Section 903.2 Where (Automatic Sprinkler systems are) required
903.2 Where required. Approved automatic sprinkler systems in new buildings
and structures, or where the combination of new additional square footage and
existing square footage exceeds the maximum fire area thresholds in this
section, shall be provided in locations described in this section.
C. Section 903.2.1.1 #1 (Group A-1 Occupancies)
1. The fire area exceeds 3,000 square feet (279 ml);
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ORDINANCE NO. 1173
D. Section 903.2.1.2 #1 (Group A-2 Occupancies)
1. The fire area exceeds 3,000 square feet (279 m2);
E. Section 903.2.1.3 #1 (Group A-3 Occupancies)
1. The fire area exceeds 3,000 square feet (279 m2);
F. Section 903.2.1.4 #1 (Group A-4 Occupancies)
1. The fire area exceeds 3,000 square feet (279 m2);
G. Section 903.2.1.5 (Group B Occupancies)
1. The fire area exceeds 3,000 square feet (279 m2)
H. Section 903.2.2 #1 (Group E Occupancies)
1. Throughout all Group E fire areas greater than 3,000 square feet (279 m2) in
area.
I. Section 903.2.3 #1 (Group F-1 Occupancies)
1. Where a Group F-1 fire area exceeds 3,000 square feet (279 m2);
J. Adding Section 903.2.3.2 (Group F-2 Occupancies)
903.2.3.2 Group F-2 An automatic sprinkler system shall be provided throughout
all buildings containing a Group F-2 occupancy where the following condition
exists:
1. The fire area exceeds 3,000 square feet (279 m2)
K. Section 903.2.6 #1 (Group M Occupancies)
1. Where a Group M fire area exceeds 3,000 square feet (279 m2);
L. Section 903.2.7 adding second paragraph (Group R Occupancies)
R-1 occupancies shall have attic fire sprinklers installed. Spacing and materials
per NFPA 13 standards. Fire resistive walls shall not be considered for reducing
the gross floor area of the building for the purpose of this code section.
Page 3 3
ORDINANCE NO. 1173
M. Section 903.2.8 #1 (Group S-1 Occupancies)
1. A Group S-1 fire area exceeds 3,000 square feet (279 m2);
N. Section 903.2.9.1 Commercial parking garages
Section 903.2.9.1 Commercial parking garages. An automatic sprinkler system
shall be provided throughout buildings used for storage of commercial trucks or
buses & vehicles where the fire area exceeds 3,000 square feet (279 m2).
O. Section 903.2.9 #1 (Group S-2)
1. A Group S-2 fire area exceeds 3,000 square feet (279 m2);
CHAPTER 15.10
EXISTING BUILDING CODE
15.10.010 Adoption of the Existing Building Code.
Except as provided in this chapter, the California Existing Building Code Appendix A-1
based on the 2006 International Existing Building Code, as adopted by the State of
California, as published by the International Code Council (ICC), shall become the Existing
Building Code of the City of Palm Desert for the purpose of regulating the Seismic
Strengthening Provisions for Unreinforced Masonry Bearing Wall Buildings, in existing
buildings in the City. The California Existing Building Code will be on file for public
examination in the office of the building official.
Appendix Chapter Al (Seismic Strengthening Provisions for Unreinforced Masonry
Bearing Wall Buildings) only, of the 2006 Existing Building Code by ICC is hereby adopted
with no amendments.
ORDINANCE NO. 1173
CHAPTER 15.15
ADDRESS NUMBERING
Sections:
15.15.010 Rules and regulations for Street Address numbers
15.15.020 Street Address numbers
15.15.025 Entrance Numbers
15.15.030 Street Address numbers responsibility
15.15.040 Street Address numbers designation
15.15.050 Correcting erroneous numbers
15.15.060 Unnumbered buildings and obliterated/obstructed numbers
15.15.070 Violation —Penalty
15.15.010 Rules and regulations for Street Address numbers.
The Building Official shall adopt such reasonable rules and regulations as are
necessary to implement the street address numbers provisions of this article codified in
this chapter.
15.15.020 Street Address numbers size and height.
The City of Palm Desert Department of Building and Safety shall provide a street
address to all buildings used for residential, commercial, industrial, institutional, or
governmental purposes. New and existing buildings shall have approved street address
numbers, building numbers or approved building identification placed in a position that
is plainly legible and visible from the street or road fronting the property. The minimum
dimensions of any street address number designated by the building official shall be as
shown in Table 15.15.020A:
15O
ORDINANCE NO. 1173
TABLE
15.15.020A
Distance From Street to
Buildin
Minimum Figure Size
Over
To
Height
Width
Stroke of
Line
Building
Placement
(Maximum
Height)
0'
10,
6"
2"
'/2"
8'
11'
25'
6"
2%"
'/2"
10,
26'
35'
7"
2Y2"
Y2"
12'
36'
45'
101,
3"
%11
14'
46'
55'
101,
3Y2"
3/4"
16'
56'
65'
101,
4"
3/4"
18'
66'
75'
101,
4Y2"
%11
20'
76'
85'
12"
5"
ill
22'
86'
95'
12"
5%2"
1 %8"
24'
96'
200'
12"
6"
1'/4"
26'
Stroke of Line — Helvetica Bold or Equal. Design (including shape and style) as well as
location of the street address numbers shall be such that they are legible and easily
readable. The Building Official may prescribe a street address number large in size than
stated in Table 15.15.020A when determined that lighting conditions, building locations,
shadows, background, or readable from the street or approach to the entrance. A street
address number of unusual design or placement may not be employed without prior
written approval of the Building Official.
15.15.025 Entrance Numbers.
All entrance numbers from the public streets or parking lots in the city to residential,
commercial or multiple tenant buildings shall be numbered as hereafter provided.
Building address number and or suite unit number of each and every entrance shall be
placed upon, or immediately above or adjacent to the door or gate closing of said
entrance where multi -numbered street addresses exist on a site. Single numbered
street addresses on a building will only require the suite number immediately above or
adjacent to the door or gate of said entrance. Each figure of said number shall be no
less than four (4) inches in height and of corresponding width. (See section 15.15.020).
The owner, agent or other person shall cause said building to be numbered in
accordance with the building official or designee within thirty (30) days. Results of the
building official's decision shall be filed with each address record.
Exception: Numbers for single family residences less than thirty (30) feet from
the curb to front of building may be a minimum of four (4) inches high by 1 %2
inches wide. Notwithstanding the above, the Building Official may set forth
different standards on a case -by -case consideration to comply with the intent of
this Chapter.
Page 6 � '`
ORDINANCE NO. 1173
15.15.030 Street Address numbers responsibility.
Every person having ownership, possession, custody, control or charge of any building
structure or parking lot shall have and maintain the established street address number
thereon upon or near each entrance from a street of the city, and from any other public
access way, in the manner and location designated by the building official or designee.
"Access way", shall include, but not be limited to, any alley, stairway, driveway or walk-
way.
15.15.040 Street Address numbers designation.
Installation, change, substitution or removal of any existing or subsequently designated
street address number shall be completed within thirty days after receipt by the owner,
occupant, lessee, tenant, subtenant, fiduciary or custodian of such building, structure or
parking lot, or any person or agent in charge thereof, of a written notice containing
appropriate instructions therefore, from the building official.
15.15.050 Correcting erroneous numbers.
In cases where incorrect numbers have been placed and remain or shall hereafter be
placed on any house or building, the owner, agent or other person shall, upon
notification by the building official, correct the erroneous numbers within thirty days after
official notification.
15.15.060 Unnumbered buildings and obliterated/obstructed numbers.
In cases where a building or structure remains unnumbered or where a building or
structure may have been numbered and the number since lost or destroyed or defaced
as to be unintelligible from right-of-way, the owner, agent or other person will cause said
building or structure to be numbered in accordance with the official notification of the
building official within thirty days. All numbered street addresses must be kept clear
from all obstructions, including, but not limited to, vegetation, signs, banners and
vehicles.
15.15.070 Violation —Penalty.
It is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this chapter. Any person violating any provision of the chapter or failing
to comply with any of the requirements is deemed guilty of a violation of Chapter 1.12 of
the code of Palm Desert, California.
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ORDINANCE NO. 1173
CHAPTER 15.20
CONSTRUCTION SITE SECURITY
15.20.010 Construction Site Security
A. The owner, contractor or responsible party constructing a new building, addition,
alteration, or demolition to an existing building shall maintain security measures as
deemed necessary or as required by the building official to control vandalism, fires,
blowing dust, sand or debris.
B. Perimeter security fencing is required along all property lines. Fencing shall be a
minimum 6 feet high with a minimum 94% blackout heavy-duty plastic screening.
The number of access points onto the site shall be minimized, and where feasible,
situated in locations that are highly visible from an adjacent street. Vehicle and
pedestrian gates and openings shall have gates secured after hours of operation.
Locking gates shall be secured with minimum 3/8-inch thick, 30-grade coil chain, or
minimum 5/16-inch cable. The perimeter security fencing shall be maintained and
remain in place through the duration of the project or until a permanent wall/fencing
is installed.
C. The owner, contractor or responsible party constructing a new building, addition,
alteration, or demolition to an existing building shall keep the construction site clean
by having an adequately sized debris box container placed on the site for the
depositing of trash and debris. As used in this section, trash and debris shall include
papers, cartons, bottles, cans, garbage, roofing materials, insulation, plaster,
concrete, boards and other substance that may be accumulated as a result of
construction activities.
D. A trash container shall remain on the construction site until the building inspector
has completed the final inspection or has approved the removal of the container.
Said container shall be emptied of its contents on a regular schedule or as ordered
by the building inspector in order to avoid blowing debris or other public nuisances.
E. Disposal shall be by transportation to a legally established dump site by the city's
refuse contractor, or other person authorized by law to remove any container from
the location where the person in charge for storage and collection placed the
container.
F. Refusal to comply with the provisions of this section shall be deemed a
misdemeanor or infraction and is punishable as stipulated in Chapter 1.12 of this
code. The non-compliance can be sufficient cause for the revocation of the issued
building permit.
ORDINANCE NO. 1173
CHAPTER 15.25
MOVED BUILDINGS AND TEMPORARY STRUCTURES
Sections:
15.25.010
15.25.020
15.25.030
15.25.040
15.25.050
15.25.060
15.25.070
15.25.080
15.25.090
15.25.110
15.25.120
Permits Required
Application and Investigation Fee
Investigation and Report
Denial of Permit
Security Required
Conditions of Security
Permit Issuance and Fees
General Requirements
Expiration of Permits
Procedure upon Default
Release of Security
15.25.010 Permits Required.
It is unlawful for any person, firm or corporation to move or cause to be moved any
building or structure excepting a contractors tool house, construction office or similar
structure which is relocated as construction requires, into or within the city without first
obtaining a permit to do so from the building official.
Exception: Buildings moved to the business premises of a house for the
purpose of temporary storage.
15.25.020 Application and Investigation Fee.
To obtain a permit to relocate a building or structure the applicant shall first file an
application therefore as required by California Building Code. The building official may
require plans, photographs and other data to substantiate the application.
Each application shall be accompanied by an investigation fee to cover the costs of
processing the application, inspecting the building and premises, and handling other
matters connected therewith. Such fee shall be nonrefundable. If the building to be
moved is located outside the city, the applicant shall pay an additional fee to cover
increased costs of inspection and mileage.
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ORDINANCE NO. 1173
15.25.030 Investigation and Report.
The building official may cause an investigation to be made of each building or structure
for which an application for a relocation permit has been received. A written report shall
be prepared based on such inspection, and a copy of the report shall be given to the
applicant. This report shall contain the approval or disapproval by the building official for
relocating the building. If approved for relocation, the report may list the requirements
and corrections necessary for making the building conform to the codes adopted herein.
In granting an approval for relocation, the building official may impose such terms and
conditions as he may deem reasonable and proper, including time limits for completion
of all work, and requirements for whatever changes, alterations, additions or repairs are
necessary to assure that relocation will not be materially detrimental or injurious to
public health, safety and welfare.
The investigation report shall remain valid for a period of one hundred eighty (180) days
after the building or structure has been inspected, after which time a new investigation
and report may be required by the building official.
15.25.040 Denial of Permit.
Except as otherwise provided in this section, the building official shall be vested with the
discretion to refuse to issue a relocation permit for any building or structure which:
1. Is so constructed or is in such condition as to be dangerous;
2. Is infested with pests or is unsanitary;
3. Is in such condition in the judgment of the building official that it does not
admit of practicable and effective repair;
4. Is so dilapidated, defective or unsightly or is in such a condition of
deterioration or disrepair that its relocation at the proposed site would cause
appreciable harm to or be materially detrimental to the property or
improvements in the area to which it would be relocated;
5. Because of age, size, design or architectural treatment, does not substantially
conform to the design, plan and construction of the buildings located in the
area to which it is to be relocated so that its relocation would be materially
detrimental to the property or improvements in said area.
15.25.050 Security Required.
The building official shall be vested with the authority to require the applicant for a
permit to first post with the building official a performance bond executed by the owner
of the premises where the building or structure is to be located, listing said owner as
principal, and an approved surety company authorized to do business in the state as
surety; a cash bond naming the city of Palm Desert as the payee; or an assignment of
certificates or shares issued by a savings and loan association doing business in this
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ORDINANCE NO. 1173
state and insured by the Federal Savings and Loan Insurance Corporation. The building
official may waive the requirement of security when the owner of the property is a
governmental agency.
The performance bond required by this section shall:
1. Be in form joint and several;
2. Name the city of Palm Desert as obligee;
3. Guarantee that the required work will be completed or, when ordered by the
building official, the building or structure will be removed or demolished and
the site cleared, cleaned, and restored to its original condition; within a
reasonable time frame set by the building official;
4. Be in an amount equal to the estimated cost, plus ten percent, of the work
required to be done in order to comply with all of the conditions of the
relocation permit or shall be in an amount equal to the cost of demolition and
removal, whichever is greater. Such costs for purposes of the bond shall be
as estimated by the building official;
5. State therein the legal description or address of the property to which the
building or structure is to be relocated.
15.25.060 Conditions of Security.
Every performance bond, cash bond or assignment of shares required by this article
shall be conditioned as follows:
1. Unless otherwise specified in the investigation report, work required to be
done pursuant to the conditions of the relocation building permit shall be
initiated within one hundred eighty days from the date of issuance of the
permit;
2. The time limit specified may be extended for good and sufficient cause after
written request of the principal or surety, before said time limit has expired.
The building official shall notify the principal and surety in writing of such time
extension and may extend the time limit without consent of the surety;
3. The term of each bond posted pursuant to this section shall begin upon the
date of the posting thereof and shall end upon the completion to the
satisfaction of the building official of the performance of all the terms and
conditions of the relocation building permit;
4. The building official and the surety, or the duly authorized representative of
either, shall have access to the premises described in the relocation permit
for the purpose of inspecting the progress of the work;
5. Upon default by the principal, the surety shall cause all required work to be
performed as set forth as stated in the investigation report and relocation
permit;
ORDINANCE NO. 1173
6. In the event of default in the performance of any term or condition of the
relocation permit, the surety or any person employed or engaged on its
behalf, or the building official or any person employed or engaged on his
behalf, may go upon the premises to complete the required work or to remove
or demolish the building or structure, and to clear, clean and restore the site.
15.25.070 Permit Issuance and Fees.
Before any permit is issued for the relocation, reconstruction or repair of a building or
structure a fee therefore shall be paid to the building official in accordance with the city
council resolution for building, electrical, plumbing, mechanical, and grading or other
permits when applicable. The required permits, together with the investigation report,
shall comprise the relocation permit for the purpose of this section.
The valuation for the purpose of determining the relocation permit fee shall be based
upon the building official's estimate of the cost of work necessary to relocate the
structure and to bring into compliance with conditions listed on the investigation report
and permit.
15.25.080 General Requirements.
The following information shall be filed for review and subject to the approval of the
building official prior to the issuance of the building relocation permit:
The location and address of the old and new sites;
1. A plot plan of the new location, including adjacent lots of all sides of the
property with their use and an indication of all structures and improvements
on such lot;
2. Plans and specifications for the proposed improvements at the new location,
including drainage, foundation design and attachment, structural, geologic
and soil engineering as appropriate;
3. The definition of the route of travel for the structure to be moved. The time
and route shall be subject to the approval of the city engineer, fire chief and
chief of police;
4. A termite inspection report prepared by a legally qualified person;
5. The abandonment of sewage disposal systems and/or sewer laterals as set
forth in the California Plumbing Code, for the old and the new parcels
involved;
6. A current photograph showing all four elevations of each structure to be
relocated;
7. Such additional information as shall be deemed reasonably necessary by the
building official to carry out the intent and purpose of this chapter;
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ORDINANCE NO. 1173
8. That the structure shall comply or be altered to comply with current building,
electrical, comfort heating, and air conditioning and plumbing code
requirements; and
9. The vacated site shall be cleaned and restored to a safe and sightly condition,
including the removal of abandoned foundation systems.
15.25.090 Expiration of Permits.
Permits for the relocation, reconstruction and repair of a building or structure shall be
null and void in accordance with the provisions of CBC Section 106.4.4 if the building or
structure is not relocated to the proposed site and/or the required work commenced
within one hundred eighty consecutive calendar days of the date of issuance of such
permits.
15.25.110 Procedure upon Default.
1. Performance bond. Should the principal fail to comply with the conditions
required by the relocation permit, the building official shall give notice of default in
writing to the principal and to the surety named in the performance bond. The
notice of default shall state the conditions of the bond, which have not been
complied with and shall specify the period of time the building official deems to
be reasonably necessary for completion of the work. Upon receipt of a notice of
default, the surety shall cause the required work to be completed within the time
specified. The surety shall have the option of removing or demolishing the
building or structure in lieu of completing the required work, in which case the site
shall be suitably cleared, cleaned and restored to the satisfaction of the building
official.
Exception: The surety may be granted a release from its obligation to perform
under the conditions of the performance bond provided,
a. A written agreement is executed between surety and the division of
building and safety under which the division assumes responsibility for
causing completion of required work or demolition of the structure; and
b. A cash bond is posted by surety in the amount of the performance bond,
payable to the city, to enable the building official to cause the required
work of repair or demolition to be performed in accordance with
subsection (K)(2) of this section.
2. Cash bond. When a cash bond has been posted the building official shall give
notice of default to the principal in the manner set forth above. Should the
principal fail to comply with requirements within the specified time period, the
building official at his own discretion may proceed without delay and without
further notice or proceeding to use the cash deposit or any portion thereof to
cause the required work to be completed by contract or otherwise.
ORDINANCE NO. 1173
3. Assignment of shares. When an assignment of shares has been posted the
building official shall give notice of default to the principal in the manner set forth
above. Should the principal fail to comply with requirements within the specified
time period, the building official may request payment of the assigned certificates
or share or any portion thereof by the savings and loan association and at his
own discretion the building official may proceed without delay and without further
notice or proceeding to use such assets to cause the required work to be
completed by contractor or otherwise.
15.25.120 Release of Security.
1. Performance bond. When all conditions and requirements of the relocation permit
and applicable laws and ordinances have been completed, the building official
shall notify the surety that the bond has been exonerated.
2. Cash bond. When a cash bond has been posted and all requirements of the
relocation permit have been completed, the building official shall return the cash
to the depositor, or to his successor or assigns, except any portion thereof that
may have been used, cashed or deducted as provided elsewhere in this section.
3. Assignment of shares. When an assignment of shares has been made and all
requirements of the relocation permit have been completed, the building official
shall notify the savings and loan association and shall do all things reasonably
necessary to effect a release of said assignment to the principal or to his
successors or assigns, except any portion thereof that may have been used,
cashed or deducted as provided elsewhere in this section. (Ord. 1023 § 1 F,
2002)
4 i`
ORDINANCE NO. 1173
CHAPTER 15.40
SAFETY ASSESSMENT PLACARDS
Sections:
15.40.010
Intent
15.40.020
Application of provisions
15.40.030
Definitions
15.40.040
Placards
15.40.010 Intent.
This chapter establishes standard placards to be used to indicate the condition of a
structure for continued occupancy. The chapter further authorizes the building official
and his or her authorized representatives to post the appropriate placard at each entry
point to a building or structure upon completion of a safety assessment.
15.40.020 Application of provisions.
The provisions of this chapter are applicable to all buildings and structures and all
occupancies regulated by the city. The council may extend the provisions as necessary.
15.40.030 Definitions.
"Safety assessment" means a visual, nondestructive examination of a building or
structure for the purpose of determining the condition of the building or structure for
continued occupancy.
15.40.040 Placards.
A. The following are verbal descriptions of the official jurisdiction placards to be used to
designate the condition for continued occupancy of buildings or structures. Copies of
actual placards are attached to the ordinance codified in this chapter and adopted by
reference.
1. "INSPECTED - Lawful Occupancy Permitted" (Green Placard) is to be posted on
any building or structure wherein no apparent structural hazard has been found.
This placard is not intended to mean that there is no damage to the building or
structure.
2. "RESTRICTED USE" (Yellow Placard) is to be posted on each building or
structure that has been damaged wherein the damage has resulted in some form
of restriction to the continued occupancy. The individual who posts this placard
will note in general terms the type of damage encountered and will clearly and
concisely note the restrictions on continued occupancy.
3£ 28
ORDINANCE NO. 1173
3. "UNSAFE - Do Not Enter or Occupy" is to be posted on each building or structure
that has been damaged such that continued occupancy poses a threat to life
safety. Buildings or structures posted with this placard shall not be entered under
any circumstance except as authorized in writing by the building official, or his or
her authorized representative. Safety assessment teams shall be authorized to
enter these buildings at any time. This placard is not to be used or considered as
a demolition order. The individual who posts this placard will note in general
terms the type of damage encountered.
B. The number of the ordinance codified in this chapter, the name of the jurisdiction, its
address and phone number shall be permanently affixed to each placard.
C. Once it has been attached to a building or structure, a placard is not to be removed,
altered or covered until done so by an authorized representative of the building
official. It is unlawful for any person, firm or corporation to alter, remove, cover or
deface a placard unless authorized pursuant to this section."
Section 3. That section 8.70.010 and 8.70.040 of the Code of the City of Palm Desert is
amended to read as follows:
"8.70.010 Purpose and intent; violation of chapter
The city council has determined that the quality of life in Palm Desert is tied to the
character and condition of real property within the city, and that inadequate property
maintenance tends to cause a diminution in the enjoyment, use, aesthetics, and value
of surrounding properties. It is the purpose of this chapter to restate, cross-reference,
and amend the city's property maintenance standards, in an effort to promote public
awareness of those standards, visual unity and order, as well as enhance the value of
land and development within the city, and protect the appearance, integrity and
character of the community. Restatements and cross-references of existing code
provisions and laws are not intended to supersede or conflict with those laws.
Inspection of property for compliance with these standards may be accomplished in any
constitutionally permissible fashion including inspection from public rights -of -way,
inspection with a property owner or occupier's consent, and inspection through a court -
issued warrant. Violations of the property management standards of this chapter are
declared a public nuisance, which may be abated by the city in accordance with
Chapter 8.20 of this code. In addition to or in lieu of such administrative abatement, the
city may pursue any other legal or equitable remedies available to it under this code or
state law, including but not limited to the procedures contained in the California Health
and Safety Code.
Page 26 of r
ORDINANCE NO. 1173
8.70.040 Substandard buildings and housing.
Buildings and structures on property shall not be left abandoned, partially destroyed, in
an "unreasonable state of partial construction," or in a condition that violates an
applicable provision of the California Health and Safety Code or of the California Codes
previously adopted by the city, as the same currently exist or may hereafter be
amended. See California Health and Safety Code Sections 17920.3, 17922.2; see also
Chapter 15 of this code.
For purposes of this section, the following definitions shall apply:
"Abandoned" means forsaken and devoid of any apparent owner or other person
claiming title, or unoccupied and un-maintained for such an extended period of time and
in such a manner as to give an outward appearance that all claims to possession or
control have been relinquished.
"Partially destroyed" means severely damaged by fire, flood, earthquake, vandalism
or other forces and, as a result, substantially detracting from the appearance of the
immediate neighborhood or reduces the property values in the immediate
neighborhood.
P ' yak
ORDINANCE NO. 1173
"Unreasonable state of partial construction" means a state in which building permits
for construction has expired before the completion of construction and the partially
constructed building or structure substantially detracts from the appearance of the
immediate neighborhood, or reduces the property values in the immediate
neighborhood."
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert,
California at its regular meeting held this 8th day of January , 2009, by the following vote,
to wit:
AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIEGEL A
ATTEST:
� � C= Q; & -(-: zt;, t � �: z � �- ,
RA E LE D. KLASSEN, dlTY CLERK
CITY OF PALM DESERT, CALIFORNIA
I'I+rC)l